The Australian Government has published a Workplace Rights Guide in response to the 2023 Rapid Review into the Exploitation of Australia’s Visa System.
Prepared in consultation with relevant departments across the Australian Government, the guide provides general information about working in Australia. It also includes information about worker exploitation and resources for individuals who may be experiencing exploitation.
Why was the Rapid Review into the Exploitation of Australia’s Visa System Established?
In 2022, there were reported allegations of visa rorts, sex trafficking and foreign worker exploitation.
Deeply concerned about the exploitation and abuse of vulnerable people including temporary migrants, the Australian Government established the Rapid Review into the Exploitation of Australia’s Visa System. In January 2023, the then federal minister for Home Affairs, Clare O’Neil appointed former Chief Commissioner of Victoria Police, Christine Nixon AO APM to lead the review.
Referred to as The Nixon Review, it was established to complement the work already being undertaken by the Department of Home Affairs in relation to migrant exploitation. This line of work focussed on migrant exploitation with the aim of effectively preventing, deterring and sanctioning abuse of Australia’s visa framework.
As a result of this review, the Workplace Rights Guide was published.
About the Workplace Rights Guide
The Workplace Rights Guide provides essential information regarding the rights and protections that all workers, including visa holders, have under Australian workplace law. It emphasises that all workers in Australia regardless of citizenship status are entitled to basic workplace protections.
The key points addressed in the guide include:
Workplace Rights for Visa Holders
Visa holders are entitled to the same workplace rights and protections as Australian citizens including the right to fair pay, protection from unfair dismissal, discrimination and sexual harassment etc.
Support and Assistance
Workers can seek help form the Fair Work Ombudsman (FWO) as well as legal aid or unions if they face exploitation or unfair treatment at work.
Visa and Workplace Exploitation
New laws under the Strengthening Reporting Protection Pilot provide protection for visa holders who experience workplace exploitation. This also includes protections for those who breach work-related visa conditions due to exploitation.
Workplace Exploitation
The guide identifies the common signs and forms of workplace exploitation. Exploitation can include but is not limited to wage underpayments, forced labour, unsafe working conditions, failure to provide payslips etc.
Visa Conditions and Rights
The guide highlights how certain visa conditions may affect what work a visa holder can perform and the employer’s obligations. Employers do not have the power to cancel a visa.
While it’s recommended, it is not mandatory for registered migration agents to provide this guide to their clients, however, the Department is undertaking a review which may require them to distribute it in the future.
Read The Workplace Rights Guide.
The Department of Home Affairs is preparing translated and accessible versions of the guide that will be available on the Department of Home Affairs website.
To learn more about any aspect of immigration, contact the team of experienced registered migration agents at Visa Solutions Australia.
